PUBLIC SAFETY

Manawatu Standard, Volume LII, Issue 119, 20 April 1932, Page 2

PUBLIC SAFETY

BILL FOE PRESERVATION J EMERGENCY LEGISLATION » After a lengthy sitting, lasting from yesterday afternoon until live o’clocic tiiis morning, the House of Representatives put the Public Safety Conservation Bill through all stages. The measure was the outcome of the recent disturbances in Auckland, and is for the purpose of giving the .Government additional power in the case of an emergency. t When the Bill was in the committee stage the Prime Minister made it clear that there would be no attempt to prevent the Labour Party addressing meetings so long as the speeches did not advocate violence. He did not think the rights of the Opposition to criticise should be curtailed.

OF BILL. POWER TO MAKE REGULATIONS. SPEECH BY PRIME MINISTER. Per Press Association. WELLINGTON, April 19. Tiro Public Safety Conservation Bill was introduced by Governor-Gen-eral’s' Message into the House of Representatives to-day and was accorded urgency by 41 votes to 20. Explaining the measure, Rt. Hon. G. W. Forbes said: “This Bill is generally on the lines of the Imperial Emergency Powers Act of 1920. Its purpose is to enable the GovernorGeneral to make regulations to preserve law and order in cases of emergency. The emergencies contemplated are civil strife on an extensive scale, and also emergencies due to natural disaster, such as* earthquake, fire or flood. In the event of any such emergency, happening or being considered imminent, the GovernorGeneral, by proclamation approved in Executive Council, may proclaim a state of emergency. Such proclamation may be general to the whole of New Zealand, or may be limited in its application to the particular area or areas directly affected. When a state of emergency exists, the Gover-nor-General is empowered to make all such regulations as may be necessary for the preservation of life and the maintenance of law and order. _ Such regulations may be limited in the same manner as the proclamation of an emergency to the locality particularly affected. All regulations made under this authority must be laid before Parliament at the earliest possible date and, if they are not confirmed by resolution of both Houses within 14 days thereafter, they cease' to operate. “Offences against the regulations are punishable on summary conviction (before a Stipendiary Magistrate only) by fine not exceeding £IOO or by imprisonment for not more than three months, or by such fine and imprisonment. “Clause 4 makes provision for the interval between the time of the happening of a natural disaster or outbreak of disorder and the issue of the proclamation of emergency in respect thereof. During such interval the senior officer of police in the locality at the time is directed to assume control and to issue all necessary instructions and orders for the protection of life and property and tne maintenance of order. “Clause 5 indemnifies the Government and all persons acting under the' authority of the Act or of the regulations thereunder from civil liability for their actions done in good faith, but confers the right to compensation where private property is utilised for the common necessity.” The Leader of the Opposition (Mr H. E. Holland): Haven’t you all those powers at the present time. Mr Forbes: I am informed not. The Bill was read a first time. AUCKLAND SITUATION. In moving the second reading of the bill, Mr Forbes said he desired to pay. a tribute to the manner in which the police liad handled the Auckland situation. They were entitled to praise for the cool manner in which they had behaved and for the judgment they had shown. Auckland was .now well in hand and it was possible for the Government to proceed to the passing of emergency legislation so as to strengthen the hands of the police in a time of necessity. There was need for the provision of»a rallying point in times of emergency, whether it was caused by civil commotion, fire, flood or earthquake. No exception could be taken to the steps proposed, as it would be the desire of everyone that there should bo adequate power for the maintenance of law and order. The provisions of the bill would apply only while there was the state of emergency created by the Order-in-Council. As soon as the order was lifted the emergency powers would lapse. Mr W. E. Parrv (Auckland Central) said the Government’s legislation was making a deep wound in the hearts of the people, and that wound would not be healed with the baton. The people of Auckland were not uncivilised. They were quite prepared to live decent, civilised lives, but they were entitled to work or to sufficient sustenance to keep the wolf from the door. “I want the Government to understand that when we talk about sustenance we want sustenance in money, and not food from a food depot,” Mr Parrv stated. “These people don’t want food tipped into a depot where they* are degraded by coming along month after month like pigs to a trough.” Mr Parry asserted that it was a dangerous thing for 'a Government to pursue a policy that meant empty cupboards, empty wardrobes and dismal hopes. It should set out to remove the bitter spirit that prevailed among the people. He did not wish his remarks to be interpreted as provocative. He desired the Government to understand exactly what was the mind and feeling of the people who had been embroiled in the disturbance. It was a pent-up feeling created by the prevailing conditions. Ho did not wish to discuss what had been responsible for the match being lit. The important thing was what should be done in the future. He appealed to the Government to do something to heal the ills that had caused the trouble.

Mr J. A. Lee (Grey Lynn) said the significant featuro of Thursday’s outbreak at Auckland had been the absence of premeditation, which went to show the extraordinary explosiveness of the public mind at the present time. He had taken part in Thursday’s procession and he had never seen a more orderly procession. Twenty thousand people had endeavoured to get into .a hall that could accommodate only 4000, and in two or three moments there had been disorder. It was then he had realised just what explosive sentiment was abroad. He had noted the pale, hungry, poorly-clad men in the procession. He warned tire Government that the situation that had arisen could not be handled by the baton, but only by an intelligent policy, on

the part of the Government. The State could not be built upon a spirit of bitterness, and hostility. Young men and women were leaving the schools in thousands annually, and the Government was doing nothing for them. They were becoming a hard-baked generation. He repeated that' the Government would not be able to Overcome the situation by means of the bdtbn. TRIBUTE TO POLICE. Mr Lee referred to Friday’s gathering in Karangahape Road and declared that a sullen and bitter feeling against the Government had been fully in evidence. People whose windows had been broken had remarked to him: “The responsibility .• is the Government’s.” Mr Lee attributed the first night’s disturbance to misadventure, but characterised the subsequent demonstrations as a definite gesture to the Government. He paid a tribute to the conduct of the police who, lie said, with one or two exceptions had handled the difficult situations tactfully. The man in blue had not earned the enmity of the civil population. Mr A. S. Richards (Roskill) said there would be resentment at any suggestion that the great body of the unemployed had been in sympathy with the violent nature of the demnostration, but they could offer no apology, for what had happened, because they realised that it liad been caused by file suppression of the aspirations of the young people" who had no employment. Mr H. G. R. Mason (Auckland Suburbs) said it was the fear hanging over the people that they would be deprived of the essentials of life that had been responsible for the Auckland outbreak. It was the duty of the Government to dispel that fear and so prevent any recurrence of the trouble. Mr Mason remarked that the Bill would make the police absolute dictators. Mr W. J. Jordan (Manukau) said the Labour Party desired to see law and order observed. There was general dissatisfaction in the country with the Government, and the people would not he batoned into submission. The people would not agree to starve. He challenged the right of the Government to remain, in office and put into, operation a policy of which the majority of the people obviously disapproved. Mr W. J, Poison said the unemployed were plainly not responsible for the outbreak in Auckland. He defended the actions of the special constables and said they were entitled to the thanks of the Government and the people for what they had done under very difficult circumstances. Mr F. AV. Schramm (Auckland East) said the Bill waived a number of oldestablished legal rights, and in the hands of a despotic Government it might be unjustly administered. When the debate was continued in the evening Mr A. J. Sfcallworflfy denied the allegations that thei Government's policy was responsible for the disturbances. It was impossible to condone or excuse what had occurred in Auckland. He added that while the Labour members deplored tjio disturbances there was also the impression that thev were excusing them. CRITICISM BY LEADER OF OPPOSITION. The Leader of the Opposition (Mr H. E. Holland) said the proposals in the Bill were provocative where they were not panicky. So tar as he could ascertain all the necessary power was contained in the Crimes Act and the Police Offences Act, und it seemed the only additional power conferred by the Bill was that which enabled the Government to suppress the meetings of its political opponents. He characterised as stupid -the action of the person responsible for prohibiting the meeting in the Domain nt Auckland on Sunday. It was ridiculous, he said, that people should be prevented from gathering in an open space. AA’hat would have happened if they had transferred their meeting to Queen Street ? He advised the Government that the safest plan would be to allow freedom of speech and not drive people underground with their grievances. The Labour Party would not tolerate the suppression of the meetings it was holding to demand the resignation of the present Government. He asked who was to determine what meetings would be lawful under the measure before the House. . Mr Holland criticised the provision in the Bill that the ordinary rules of evidence were not to apply to the hearing of cases under this legislation, asserting that the rights which were granted to the burglar or even the child ravisher were to be denied in the case of an alleged political offence. It would appear that the mere laying of a charge would be sufficient to secure a conviction. Mr Holland declared that window smashing and looting were unjustifiable and only provided the would-be dictators of the present day with an excuse for having recourse to far more drastic measures than would otherwise be the TO DEMONSTRATIONS. Rt. Hon. J. G. Coates referred to the resolution moved by Air Parry at the Labour Conference calling for steps to be taken to organise the unemployed, the civil service organisations and public opinion generally by way of a demonstration to compel the Government to alter its present policy of reducing the standard of living. The Minister insisted that the responsibility for the demonstration must rest with those who organised it. Ho said the Government liad been returned with a free hand and unless an endeavour was made to meet the present position those for whom the Labour members were professing sympathy would suffer most. He predicted that if by any chance the Labour Party gained possession of the Treasury benches they would be forced into tile same attitude as that adopted by the present Government and would find that the people who had put them on the Treasury benches would be the first to rend them asunder. The Leader of the Opposition: Is that what happened in your case? / Air Coates referred to statements-in his possession which, ho said, attributed to Mr Lee remarks made at an Auckland meeting which included a 1

Statement that ho (Mr Coates) would not give 37s fid for a cartload of unemployed. There was also a reference to punching him (Mr Coates) between the eyes under certain circumstances. - Air Lee: That is incorrect. Mr Holland: Who supplied those statements? I Air Coates said that when Air Hoi- ; land at a Wanganui meeting had been asked about the foolish story of a quarrel between Air Forbes and himself (Mr Coates), the Leader of the Opposition had replied: ■“! never interfere in family quarrels.” The Alinistcr de- • dared that such remarks lowered the tone of Parliament. There was a responsibility on members of Parliament. : He continued to point out that nothing could bo gained by direct action. The • Labour speeches during the debate bad i by no means been helpful. When the Minister resumed his seat • Air Leo rose and said he had been mis-!; represented. Whoever had given the j; Alinistcr tho information regarding | what he liad said at Auckland had i grossly and maliciously mis-stated him. He had said that lie had heard a mem- ] her say that the unemployed were only i worth 37s fid a cartload and had said ; that if he were unemployed and liad < heard that he knew what action he < would take. He had never mentioned • the Alinister of Public Works and , would not have done so. The second reading debate was con- . tinued until beyond midnight. , Replying, Air Forbes said that shopkeepers and others were entitled to protection and the Bill provided prompt and effective, means of dealing with any situation that might arise. The Government had been blamed for what had' taken place in Auckland, but he considered tho blame should be taken by the Labour Party. Mr Semple: That is a cowardly , statement. Tho Speaker: You must withdraw the word cowardly. Air Semple: AVell, sir The Speaker: Do I understand you decline to withdraw ? Air Semple: I withdraw, sir, but it is my opinion The Speaker: Order, order! Air Semple: When we are accused of breaking windows we are entitled , to say something. Mr Forbes said 'the Labour Party had indulged in wild condemnation of , tho Government. Those who gave ; blows should bo prepared to accept blows. Air F. Jones: We are not in a position to provide for the unemployed. Labour members called for a division on the second reading which was carried by 46 to 20. The committee stage was commenced at 1.15 a.m.

ALL NIGHT SITTING. BILL PASSES ALL STAGES. NO ATTEAIPT TO PREVENT CRITICISM. Per Press Association. WELLINGTON April 2D. The passage through the House of Representatives of the emergency legislation introduced by the Government yesterday afternoon was completed in tho early hours of this morning, when tire Public Safety Conservation Bill was passed without amendment. The Bill will be received by. the Legislative Council this morning. ..In the course of tho committee stage in the House, Air Forbes, speaking during the discussion on the short title, said that there would be no attempt to prevent members of the Labour Party addressing meetings so long as the speeches did not advocate violence. He did not think tire rights of tile Opposition to criticise should be curtailed. There would be no attempt to prevent the Labour Party holding meetings and passing resolutions calling upon the Government to resign. He hoped that no occasion would arise for the declaration of a state of emergency, and added that as the result of the Auckland trouble a local body liad failed to negotiate a loan, the underwriters having broken off the negotiations on receiving news of tiro disturbance. Replying to a'question from Air P. Eraser, Hon. J. G. Cobbe said the age limit for special constables was 21. The short title was passed on the voices at 3.5 a.m. The clause providing for the issue of proclamations of emergency was adopted without discussion by 40 votes to 21. TAKING OF EVIDENCE. Air H. G. R. Alason moved to amend the clause relating to the emergency regulations with the view to eliminating the power for the Court to admit such evidence as it thought fit, whether such evidence would be admissible or not. Air Forties said the object of the provision was to enable a wider circle of evidence to be taken. It might bo difficult in a mix-up to get ordinary evidence which was required. He did not think there was anything to be afraid of as any person charged would be given the benefit of the doubt.

The amendment was defeated by 39 votes to 21 and the clause was passed by a similar vote. Speaking on tho final clause, which gives protection to persons acting under tire authority of the Act, Labour members urged that tho public should not be subjected to possible consequences of actions on the part of irresponsible special constables. Mr Forbes said that if damage were done by illegal action there would be redress. The clause was passed by 39 votes to 21 and the Bill was reported to the House at 4.50 a.m. The third reading was carried by 37 votes to 21 and the Bill was passed. The House rose at 5.8 a.m. till 2.30 this afternoon. PROVISIONS OF BILL. PROTECTION OF COMMUNITY. Per Press Association. WELLINGTON, April 19. Described as an Act to make provision for the protection of the community in cases of emergency, the Public Safety Conservation Bill is a comparatively short measure dealing with the issue of proclamations of emergency. It states that if at time it appears to the Governor General that any action has been taken or is immediately threatened by any person or any body of presons of such a nature and on so extensive a scale as to bo calculated by interfering with the supply, and distribution of food, water, fuel or light, or with means of locomotion, to deprive the community or any substantial proportion of the community of the essentials of life, he may declare that a state of emergency exists. This step may also l>e taken if at any time it appears to the Governor-Gen-eral that any circumstances exist or are likely to come into existence whereby the public safety or public order is or is likely to he imperilled. No such proclamation shall be in force for more than one month without prejudice to tho issue of another proclamation at or before the end of that period. Where a proclamation of emergency has been made the information shall forthwith be communicated to Parliament if in session. If Parliament is not in session tho communication shall be made

within fourteen days after the commencement of the ensuing session. So long as the proclamation of emergency is in force it shall be lawful for the Governor-General by j Order-in-Council to make all such regulations as he thinks necessary, for !the prohibition of any acts which in j | his opinion would be injurious to the i public safety, and also to make all I such other regulations as in his opin- i ion are required for the conservation j of public safety and order and for! securing the essentials of life to the! community. In any prosecution for charges laid under the Act the Court may admit such evidence as it thinks fit whether it would be admissible in other proceedings of not. An offence may consist of committing; attempting to commit, or counselling, procuring, aiding, abetting or inciting or conspiring with anv other person whether in New Zealand or elsewhere to break the regulations. The regulations so made may he added to, altered or revoked by resolution of both Houses of Parliament or by further regulations and may be revived. wholly or partly by any subsequent proclamation of emergency. The expiry or revocation of such regulations sliart not affect the previous operation of any penalty incurred :n respect to non-compliance with the regulations. No regulation shall be deemed invalid because it deals with any matter already provided for by any other Act or because of any repugnancy to any other Act. Nothing in the Bill or any regulation made under it shall he construed to take away or restrict the liability of any offenco punishable independently of the Bill. Clause four makes special provisions to apply pending the issue of the proclamation of emergenev. It provides that if the provisions of the Bill cannot he put into operation immediately. in the event of a public emergency the senior officer of the police force in the affected locality shall assume responsibility for issuing all the orders necessary for the preservation 1 of life, protection of property and maintenance of order. This authority applies to an emergency arising from earthquake, fire, flood, or public disorder which owing to its suddenness, interruption of communications or any other reasons, prevents the immediate issue of emergency proclamations. The penalties for obstructing the police in the execution of such provisional authority are similar to those prescribed for breaches of the emergency regulations. MEMBERS’ QUESTIONS. PRIME MINISTER’S REPLIES. Per Press- Association. WELLINGTON, April 19. In the House of Representatives the Leader of the Opposition (Mr H. E. Holland) asked whether, in view of the unsettled conditions in the Dominion, the Government would withdraw the clauses in the Industrial Conciliation and Arbitration Amendment Bill which removed the right of either side to refer the matter to the Arbitration Court for settlement; also whether he would withdraw those clauses in the National Expenditure Adjustment Bill which proposed to reduce pensions and Further reduce wages and salaries in the public service. Mr Forbes said the proposals in the National Expenditure Adjustment Bill were absolutely necessary to preserve financial solvency. If they were not passed a greater disaster would be entailed, and the Government had no intention of withdrawing them. The Industrial Conciliation and Arbitration Amendment Act had already been passed through the House by a substantial majority, and the Government bad no intention of withdrawing it. Mr F. Schramm asked whether, in view of the present state of affairs in the country, the Government would withdraw the proposal to extend the life of Parliament or submit the matter to a referendum. Mr Forbes asked that the question be put on the order paper. A similar reply was given by Mr Forbes to a question in which Mr Schramm asked whether the Government would compensate property owners for damage sustained during the Auckland disturbance. NO LEGISLATION FOR STATE LOTTERIES. Mr G. C. C. Black asked whether the art union which had closed on Saturday would bo the last to be run in the meantime under a permit from the Government. If so, would legislation be brought down providing for the conduct of a State lottery at regular intervals and so conserve within the Dominion the moneys now being sent for investment overseas, the legislation to earmark the profit to be derived from such, lotteries for assistance for the unemployed, for public hospitals and for general charitable purposes? Mr Forbes said the art union which had just closed was the last of several art unions held by certain societies in need of financial assistance for which licenses had been granted by the previous Government. The Government had the matter of further art union licenses under observation and had no intention of introducing legislation for the conduct of State lotteries.